CPAP Mass Tort Lawyers
Being injured by a medical device that is supposed to help your health can be a frightening situation. Our CPAP mass tort lawyers want to help you seek recovery for your injuries. Please give us a call today to learn more.
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AMAZING! I highly recommend this group. We had quite an unusual case, this group was our only glimmer of hope when our options were limited and no one would accept a complicated case. We worked closely with Colin O’Malley and his team. Words cannot do justice to how wonderful they are; highly competent, professional, very responsive, thorough and friendly. Colin went above and beyond to make himself available and to answer all our questions and concerns. If you need an excellent proficient injury lawyer that would fight for you, look no further!
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I had the pleasure of working with attorney Tom Grace on my deceased father’s personal injury case.Tom was very prompt in all of his communications, he never left us guessing what was going on or where we were in the process, he offered up his honest opinion when it was decision making time and lastly he ensured this case wasn’t dragged out.I would highly appreciate his customer service and would absolutely recommend Tom Grace and the Chute, O’Malley, Knobloch & Turcy team.
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CPAP Mass Tort Lawyers
Dealing with a chronic condition can be stressful, whether you’re the person with the condition or a caregiver. When a CPAP device is diagnosed to help someone correct a chronic sleep problem, it’s inconceivable that the same device may cause irreparable harm.
If you’re reading this, you or a loved one is probably facing a frightening diagnosis that may be linked to a CPAP device. You are undoubtedly worried. You may have lost time at work, causing financial strain. You are almost certainly seeking answers.
We are here to help. We offer free legal advice. Call our CPAP mass tort lawyers today.
You never need to worry about paying us up front to get the answers you need. You can call us any time to schedule a free legal consultation.
This page will give you some of the basics about your CPAP mass tort claim. We’ll start by giving you an overview this type of claim. Then, we’ll use a story to illustrate how such a case may come about and how important it is for you to pursue answers.
Why CPAP?
The Philips company made an announcement on June 14, 2021 about a recall on CPAP and ventilator devices. The company had discovered a problem with the devices’ quality over a month prior to the recall. The U.S. Food and Drug Administration stated that the recall was intended to “mitigate potential health risks related to the sound abatement foam component” of CPAP and ventilator devices.
Philips manufactured these machines to include polyester-based polyurethane, a foam also known as (PE-PUR). The foam was used to reduce noise in the machines.
The foam can degrade into particles that can be ingested. In addition, harmful and potentially toxic chemicals may be off-gassed and inhaled. Ingesting the foam particles or breathing in the harmful gases has been linked to over two dozen health problem, including kidney, lung, and liver damage, over a dozen forms of cancer, and more.
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Qualifying for this Claim
To be eligible to be included in this claim:
- You must have used a mechanical ventilator or a Philips CPAP, APAP, BiPAP device.
- The device must have been in use for a minimum of six months.
- You must not be currently represented by a lawyer.
- You must have at least one of the injuries below after using the device:
- Acute Respiratory Distress System (ARDS)
- Chemical poisoning
- Kidney disease or damage
- Liver disease or damage
- Lung disease or damage
- Pleural Effusion
- Respiratory failure
- Reactive Airway Disease (RAD)
- Bladder Cancer
- Brain Cancer
- Breast Cancer
- Hematopoietic Cancer
- Kidney Cancer
- Leukemia
- Liver Cancer
- Lung Cancer
- Lymphatic Cancer
- Multiple Myeloma
- Nasal Cancer
- Non-Hodgkin’s Lymphoma
- Papillary Carcinoma
- Prostate Cancer
- Rectal Cancer
- Stomach Cancer
- Testicular Cancer
- Thyroid Cancer
- Esophageal Cancer
The Devices Involved
The products that the refill includes were manufactured before April 26, 2021.
- E30 (Emergency Use Authorization)
- DreamStation ASV
- DreamStation – ST, AVAPS
- SystemOne – ASV4
- C Series – ASV, S/T, AVAPS
- OmniLab Advanced Plus
- SystemOne (Q Series)
- DreamStation – CPAP, Auto CPAP, BiPAP
- DreamStation GO – CPAP, APAP
- Dorma 400, 500 – CPAP
- REMStar SE Auto – CPAP
- Trilogy 100 Ventilator
- Trilogy 200 Ventilator
- Garbin Plus, Aeris, LifeVent Ventilator
- A-Series BiPAP Hybrid A30 (not marketed in US)
- A-Series BiPAP V30 Auto Ventilator
- A-Series BiPAP A40 (not marketed in US)
- A-Series BiPAP A30 (not marketed in US)
Device recalls are an inconvenience at best, but it’s frightening to realize the medical device you trusted to make your life better may have been detrimental to your health. Contact our CPAP mass tort lawyers today to get more information about a claim.
Names and details have been changed to protect tour clients’ privacy, but the information’s value remains. Read on to get a better idea of why you may consider finding out about a CPAP tort claim.
CPAP Mass Tort Client Story
Celia Watkins drove anxiously across Naperville, Il while her mom, Rhonda dozed in the passenger seat. At every red light, Celia’s eyes darted into the passenger footwell to check her mother’s ankles. Same as they were half a mile ago, swollen.
Rhonda had been complaining of being tired lately. Even with her CPAP device, she was still wiped out — even in the mornings.
Rhonda had been diagnosed with sleep apnea a couple of years ago and had been sleeping with a CPAP device ever since. Shouldn’t she be getting better rest by now?
Thinking back, Celia’s mom had been sick a lot over the past six months. Her appetite had been waning and Celia had struggled to get her to eat enough. She’d even made Rhonda’s favorite, arancini, but her mom had just pushed the Sicilian rice balls around on her plate.
Celia had been so disappointed. The arancini ingredients had not been cheap and they always took her hours to make. If Rhonda wouldn’t go for arancini, Celia was out of ideas.
A week after the “arancini affair,” as Celia’s seventeen-year-old son Deshawn referred to it, Rhonda said her stomach was hurting. Celia took her to see her doctor.
Dr. Medford said Rhonda’s symptoms aligned with the stomach bug that was going around. She sent Rhonda home to rest, drink lots of fluid, and eat bland foods for a few days.
Rhonda did begin eating again, but in such small amounts Celia suspected she was driven by survival instinct rather than a desire for food. Celia tried those nutrition shakes, but Rhonda wouldn’t drink them, saying they made her nauseous.
Anxiety over her Rhonda’s worsening health became Celia’s constant companion. Her mother couldn’t afford to lose any more weight. Something had to give.
Over the weekend, Celia noticed Rhonda repeatedly scratching her skin. Celia thought it looked a little yellow…or was she now completely paranoid?
Last night Celia and her husband, Kevin were sure of it; Rhonda looked jaundiced. They reached Dr. Medford’s on-call nurse, who said the next appointment available was Wednesday morning. They took it.
This morning when Celia helped her mom get dressed however, she found Rhonda’s ankles swollen. Something was very wrong.
“That’s it,” she said, exhaling loudly as she stood up. She guided her mom to the car and made the drive across town to the walk-in medical center.
Now Celia was ankle-checking her way across town. They’d better figure out what’s going on, Rhonda thought, Or I’m going to be the one in the hospital.
Rhonda was examined and fasting bloodwork was ordered for the next morning.
“You might as well take her blood now, she hasn’t eaten since 4pm yesterday,” Celia said, wearily adding, “I really don’t want to drag this out any longer.”
As they left the appointment, Celia was directed to take her mom down the hall to the lab. The blood draw was quick and she took her mother home to hopefully eat some scrambled eggs.
The next day, Rhonda slept in. It wasn’t like her. Though she had been tired lately, Rhonda always liked to sit in the sunroom where she could watch the bird feeders. A morning didn’t go by when Celia woke to find she’d arrived in the sunroom before her mom.
Celia woke Rhonda at 9 am to take her pills. Afterward, her mom laid back down mumbling she just wanted to go back to sleep. Even considering Rhonda’s recent illness, Celia was concerned. ‘Listless’ had never been a description of Rhonda Greenly.
Celia decided to call the doctor to see when the lab results would be in. These things usually took a day or two, but she couldn’t shake the sense that something was very wrong.
The phone rang as she reached for it. It was a nurse from Dr. Medford’s office.
“Ms. Watkins, we need to see your mother to discuss her lab results. Would you be able to bring her in this morning? We just had an opening at 9:50 am.”
“Yes, she’s still sleeping — let me just get her ready and head over.”
Celia ended the call and went to get Rhonda dressed. It took Celia way too long to get a response from her mom. When she did open her eyes, Rhonda was so listless, Celia had to hold her up. She was like a rag doll.
The ambulance arrived eight minutes later and Rhonda was brought to the hospital. The doctors began tests and put Rhonda on IV fluids for dehydration. She was then checked in to a hospital room and set up with a CPAP device for her apnea. She slept soundly for the rest of the day.
Early that afternoon, Dr. Medford found Celia pacing beside her mother’s bed. She sat her down in the nearby visitor’s lounge so they could talk without waking Rhonda. Dr. Medford told Celia that her mother was in phase two of stage three liver disease.
“Cirrhosis?! I don’t understand. You of all people know Mom doesn’t drink. She eats healthy. She’s always been active. It must be a mistake.” Celia’s knees suddenly felt rubbery.
“Your mom has a number of symptoms that correlate to other illnesses, so we’ve scheduled additional tests to determine exactly what we’re dealing with,” said Dr. Medford, helping Celia into a chair.
“The tests for liver damage were conclusive, however, so at the very least we’re dealing with that. We’ll know more by the end of the week. Until then, your mom will need to stay in the hospital.”
Celia spent the next two days trading off with Kevin and Deshawn so someone was always at Rhonda’s bedside.
On Friday morning, Deshawn gently woke his mom to tell her about the recall Philips had recently announced on its CPAP and ventilator devices. He showed her a webpage on his phone from a local law firm. Celia scanned the page, eyes wide in disbelief.
“But…this says people are getting liver disease, lung disease…brain cancer from their CPAP machines? Deshawn, there’s over a dozen cancers listed here. What on earth is this?!”
“Ma, there’s foam in the machines. It’s supposed to make them quieter, but it turns out the foam disintegrates into tiny particles that can get into people’s bodies. It can cause all these problems,” Deshawn said, scrolling down the page.
“Nana’s been using the CPAP for over six months. So far, we know she’s got liver disease, and isn’t that her CPAP device?” Deshawn asked, pointing to the list of faulty devices on the web page.
Tears spilled down Celia’s face as the realized what they may be facing. “Where’s your father?”
“That’s why I woke you. He’s on his way here to pick you up so you can stop at home and change.
“I’m going to sit with Nana while you and Dad go talk to these lawyers. We need more information. This law firm is helping people who are dealing with serious illnesses caused by CPAP and ventilator devices, and Nana might be one of them,” Deshawn said, pulling his mom into a tight hug.
“When did you get so smart?” she asked as she hugged him back, wiping her eyes.
“Nana always said I take after my momma,” he answered, kissing the top of her head.
Call Our CPAP Mass Tort Lawyers Today
To find out if you or a loved one meets the criteria for this claim, contact our CPAP mass tort lawyers for your free consultation. If you’ve been seriously harmed by a device you trusted to improve your life, you deserve justice. Get the answers you need today and let us help.
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